Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1887-02-04
CONSTITUTIONAL PROHIBITION.

CONSTITUTIONAL PROHIBITION
A learned Judge at Toledo has advanc-
ed as an argument against the constitu-
tionality OF section IL, Of the Dow law,
which grants power 10 the cities 10 Prohib-
it ale and beer houses, that the Legislature
in 1888 ask the people 10 vote on the
question of putting prohibition in
the Constitution on The principle,
that they suspected there was
some Emit 10 their powers, and therefore
they were limited. That is the argument
"a wonderful argument. for learned
Judge TO make. Where the Judge got his
history we would like to know, as no such
fact has fallen under our reading. The
gentlemen of the Legislature are not fools,
and they must have known that aSupreme
Court had decided not thirteen years be-
fore, that the Legislature had the powe
absolutely to prohibit, and that when this
power was delegated TO the cities, the
cities could pass prohibitory laws which
were constitutional.
Under these circumstances il seems diff
icuit to find a place for the suspicion Of
limitation of power" to come in, and even
if there had been such suspicion honest
ly entertained we fail TO see how this
proves that the limitation existed. We
may suspect there are people on the other
side of the moon, but this proves nothing.
We may suspect, not knowing the learned
judge, or his habits, that he has warm
side for the saloon interest. But our sus-
picion might do him great injustice and
he far from the fact. Men do draw con-
clusons we are well aware from suspic-
ion. But learned judges should have bet
ter and more substantial reasons than a
I'VE suspect"
Let us disabuse the mind of the Judge.
The Legislature granted the people the
right to vote on the question of amending
the constitution with prohlbitory amend
ment, on the petition of an immense mum
ber Of voters of all parties, which petition
was pressed before the Legislature by the
w. g. I. u, Of The state. This petition
was the yo,per which put the so-called Cd
Amendment before the voters of Ohio,
Another power loaded il down with a
Rider, in the shape of a 1-t Amendment,
giving power to the Legislature TO Tdr
and Regulate.
For il must be remembered that all
along there has been doubt among all
legal mInds-a doubt most strongly voiced
by John Sherman, and emphasized by the
Supreme Court, in the overthrow of the
Pond Law and the Scott Law-as TO the
possession of power under the Constitution
to tax the liquor traffic.
This lst Amendment the people did no.
want. The 81 they evidently did. and a
great many to this day believe that it was
"counted out" IN Cincinnati and Columbus,
What did the people want to put Prolii-
bilion in the constitution for? They
wanted il in the constitution that the Leg
islalnre could no longer handle the liquor
question. They wantled 10 take 1t out OF
politics. They had becume tired of rolling
II stone 10 the top OF the hill to have il
shied out of their hand. by some expert al
the Legislature. In other words they
wanted n Constitutional law, which would
put the liquor business where il belongs
as one OF the enemies OF the state and OF
humanity, and take il out Of the hands of
the politicians.
The Legislature had very little desire in
this direction and hence gave Legisla.
tive Amendment which the managers
hoped would carry and leave them forever
at peace. A. it did not carry they tried
the other dodge-passed their Tax law,
and lost IL 10y decision of the Supreme
Court. Passed another, and under re-
rised court carried II through three
judges for and two against. So that
the law now stands on partisan legs, moi
like the old grant of power 10 cities to
prohibit, or the moral support Of unam.
ious court.
These facts the learned judge may have
overlooked when he attributed virtue
10 The Legislature which the several tax
laws would indicate that as legislative
body il did not possess.
The one clause or section which embod-
les the principle of Prohibition, which has
been pronounced constitutional by a
unanimous Supreme Court, is the one feature
against which the learned Judge has level
ed his legal arguments, but which should
be upheld by every well wisher Of the
community. For though il is not all We
want, 1t is step in the right direction-a
step towards the total prohibition Of the
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